China's Proview takes Apple iPad fight to US court
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Since: Aug 08
#1 Feb 24, 2012
The fact is that Apple does not have the rights to Mainland China Trademark for the name iPod and doubt strongly they ever did. Another puzzling finding is that the agreement was with Proview-Taiwan and makes the whole episode look like a hostile and shady underhanded backdoor grab. I think the most important thing to consider in this case is the no competition agreement between the parties and the fact that Proview-Taiwan does not own the rights to the trademark in China in the first place.
Here are some good points listed and posted by Dan on the China Law Blog:
Proview-Shenzhen registered the iPad trade-name before Apple had ever manufactured an iPad.
Proview-Taiwan (a Taiwanese company that is not the same company as Proview-Shenzhen) entered into an agreement with Apple (or, more accurately, a company acting on Apple's behalf) to sell its Asian iPad trademarks to Apple.
Apple claims that agreement with Proview-Taiwan included the PRC iPad trademark, but Proview is claiming otherwise.
Apple sued Proview (I think Proview-Taiwan, but I am not sure) in Hong Kong and the Hong Kong court ruled that Apple is entitled to use the iPad trademark on the Mainland.
Here is where it gets so complicated and here is how I see it:
Proview-Shenzhen still shows up as the owner of the iPad trademark in China.
It is not clear if Proview-Shenzhen ever contracted with Apple to give Apple the China iPad trademark or any sort of license to use that trademark.
It appears that Proview-Taiwan did enter into some sort of trademark sale or licensing agreement with Apple (again, actually the company acting on Apple's behalf), but since Proview-Taiwan did not own the PRC trademark for iPad, there are some real issues as to the validity of such a sale or license.
Did Proview-Taiwan have any interest in the PRC iPad trademark such that it could transfer or sell that interest to Apple?
Did Proview-Shenzhen ever agree to sell or license its iPad trademark to Apple?
And here is a good article to read to get a prospective from the other side by chinadailey.com .cn
Since: Aug 08
#2 Feb 25, 2012
Correction iPod should be read as iPad...typo.
#3 Feb 25, 2012
As written in another thread of the same subject, you started......
Just chinese communist gov't directing a failing chinese business to take a swing at Apple.
As the article says, results in the various chinese communist & american courts could vary.
You mean a chinese communist court could give a failing chinese business, directed by chinese communist gov't the nod, but it would be unfair!? Who woulda thunk et!
#4 Feb 25, 2012
please with all the trademark protection going on today in China what do you expect...
look at the Micheal Jordan case... he is going after a Chinese company selling Chinese products using the Chinese version of his name...that they trademarked a long time ago...
he is going after that company now because there is precedence of other NBA players going to court and winning...
Proview-Taiwan did not own the PRC trademark for iPad in China...
and that becomes a problem in a new trademark enforcement happy China these days...
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